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(영문) 창원지방법원 2018.11.08 2018노1931
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The fact that the Defendant maintained a good-quality relationship with the victim for a considerable period of time after drinking alcohol at the time of the crime, and showed an attitude to recognize and reflect his mistake after the crime, is favorable to the Defendant.

However, the crime of this case is not suitable because the defendant inflicted an injury on the victim et al. in a long manner on the ground that the same kind of punishment that the victim was living in a remote area and he was aware of his reputation and right, and the crime of this case is not committed.

Although the result of the victim's injury caused by the crime of this case is considerably significant, the victim was not able to receive an injury from the victim.

If there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no new change in circumstances that may change the sentence of the lower court in the first instance court.

This is disadvantageous to the defendant.

In full view of such circumstances as well as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the sentence of the lower court is too unreasonable as it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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